Legal Proceedings
A federal judge in the United States has issued a ruling in the civil lawsuit filed by former University at Albany basketball player Luke Fizulich against the university and his former coach, Dwayne Killings. The case stems from an incident that occurred in a locker room before a November 2021 game.
Fizulich alleged that the university and Killings had discriminated against him on the basis of race, interfered with his basketball opportunities and created a hostile educational environment. He also claimed that Killings had committed assault and battery during the locker‑room altercation.
Findings on Discrimination Claims
The judge determined that there was no credible evidence of racial bias or a discriminatory atmosphere within the program. Consequently, the claims of racial discrimination and tortious interference were dismissed, removing those portions of the lawsuit from further consideration.
However, the court found that the allegations of physical contact between Killings and Fizulich were sufficiently substantiated to allow the assault and battery claims to move forward to trial. Killings has admitted to the contact but maintains that it was not intended to cause harm.
University Response and Sanctions
Following an internal investigation, the university concluded that Killings had engaged in inappropriate physical contact. He was subsequently suspended for five games and fined $25,000, a penalty that was donated to local nonprofit organizations.
Next Steps
Both parties have been ordered to file status reports with the court by August 10. These filings will outline the progress of the case and any additional motions that may be filed as the trial on the remaining assault claim approaches.